SAFE AUTO INS. v. ENTERPRISE LEASING CO.

No. 01A02-0712-CV-1120.

889 N.E.2d 392 (2008)

SAFE AUTO INSURANCE COMPANY, Appellant-Plaintiff, v. ENTERPRISE LEASING COMPANY OF INDIANAPOLIS, INC., Appellee-Defendant, and Marian Littman, Vision Insurance Group and Jeffrey Harrison, Additional Defendants.

Court of Appeals of Indiana.

July 2, 2008.


Attorney(s) appearing for the Case

Kirk A. Horn, Mandel Pollack & Horn, P.C., Carmel, IN, Attorney for Appellant.

Michael E. Simmons, Carl M. Chittenden, Hume Smith Geddes Green & Simmons, LLP, Indianapolis, IN, Attorneys for Appellee, Enterprise Leasing Company of Indianapolis, Inc.


OPINION

MATHIAS, Judge.

After a policyholder was involved in a automobile accident in Virginia while driving a rental car owned by Enterprise Leasing ("Enterprise"), Safe Auto Insurance Company ("Safe Auto") filed a complaint for declaratory judgment in Adams Circuit Court arguing its policyholder was not driving a covered vehicle, and therefore, there was no coverage under the Safe Auto policy. Enterprise then moved for summary judgment asserting that Safe...

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